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11. November
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2016-11-01 10:00 AM - Commissioners' Agenda
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Last modified
6/13/2018 11:49:31 AM
Creation date
6/13/2018 11:48:40 AM
Metadata
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Template:
Meeting
Date
11/1/2016
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
g
Item
Request to Formally Adopt the Washington Counties Risk Pool Memorandum of Liability Coverage (MLC) and Declarations for Coverage Year 2016-2017
Order
7
Placement
Consent Agenda
Row ID
32766
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co~t~iblltes an equa l share umil t he share of each john <br />se ll-lI1surer ,equals the lowest applicable limi t of li ability <br />u nder anyone liab il ity cOoverage doc Ullle\ll 01' the full <br />amount of rhe. Joss is paid and with I'espoot 10 any <br />~mount of loss 119t so . paid l~C remain ing joint self- <br />msur~~ then COnlmue tp cOl1tnbllte equal shar'es of the <br />~ernalllmg .am?u~t of 1I,l e, loss lI ntiJ each such, joint se lf· <br />Insurer has pa id l Is Ilmllln fu ll or Ihe fu ll arhoum of the <br />loss is paid, Provided however,-this paragraph shall not <br />~revent the !W0 or Inorc joint sci f-insutance proglitms <br />~r om ~gr,:elTlg 10 al l.o(.'Clle defense expenses and <br />1.~l d7mnlty In a di ffel'~l1f Illanller nol' shall Ihls. paragraph <br />lIm it any such allocnhon as may beJudle ially detenn i ned <br />at a latel' date. <br />E. Declarations: By acceptance of this MLC, the <br />member county agrees that the statements in the <br />[)ecla~t ions ar~ it~ agf<::e!n ents and represcntntio ns, <br />that t illS ML I~ ISS UC'd In l'eljallce 'upon 'the Iruth of <br />such re presentaHons and tha t th is ML ell1bodie~ all <br />ag~ee rl1en lS exi sti,ng between itself and the Pool or any <br />of Its a~cn ts relstmg to th isjo int self-insurance liability <br />coverage program. <br />~ •. Se l)}lrat~on o~ I nt 1'~Sts. Except ~ ith respect to ,lhe <br />lI,mll of Joint, self-ms~l'ance liability coverage and any <br />rights 01' dulles speclfieal! assigned to lhe mem ber <br />county, this MLC applies: . <br />1. As if each protected party were the only <br />protected party, and <br />2, Separately to each protected party against <br />whom claim is made or suit is brought. <br />G. Subrogation: In the event the Pool pays any claim <br />on behalf of a protected party, the Pool shall be <br />subrogated to the extent of such payment to all the rights <br />ofthe protected party against any person or other entity <br />legally responsible for damages arising under the claim. <br />The protected party shall render all reasonable <br />assistance, other than pecuniary assistance, to effect <br />recovery on the subrogated claims. <br />H. Non-renewal: If the Pool decides not to renew this <br />MLC, the Pool will mail or deliver to the member <br />county written notice of the nonrenewal not less than <br />thirty (30) days before the expiration date, Even if the <br />Pool does not comply with these terms, this MLC will <br />terminate: <br />I. On the expiration date, if: <br />a. The member county has notified the Pool <br />that it does not want to renew this MLC; <br />b. The Pool mails notice of the contributory <br />assessment for renewal due to the member <br />county not more than forty-five (45) days or <br />less than ten (10) days before the expiration <br />date ~hich states that the liability coverage will <br />end If the member county has not paid the <br />renewal assessment before such expiration <br />date. <br />~. On the effect! c dnte of any ill urance policy <br />ISS lied as repl~cemellt for:an liabilIty coverage <br />offered by Lhls., ML • with r peet to liability <br />covera~e to whfch thu insllrancc policy and 'this <br />ML both apply, <br />If notice is mail ed, proof of mailing will be <br />suffic ient proof of notice. <br />I. a nc e l !l~t ion : This Ml; may be e811celled by the <br />Poal by' Ills lllIIg 10 the lI u~m ber count at lli address <br />sll.own in 'Lhis ML ,written nOli ce stating ~vhen such <br />cancellatiOIl shall bC 'cfl'E:ctive, The mailing of notice as <br />af\>resaid s!lsl1 be .~u.fJ1cienl proof of Tlotice. Delivery <br />of s uch wfltten JlOl!ce t t he Pool shull be equivalent to <br />11;1 ailing, <br />J, W iUI ~rawal: After the initial sixty-month period of <br />membership , a m e mbe r county may withdraw at the <br />end of any Pool fiscal year, provi ded it has given the <br />Poo l a twe l c-ll1 onth written not ice of its intent to <br />withdraw. <br />K. C h a nges: Noti ce to any a gem or knowledg <br />possCScSed by an agent or by any o lher person hall nOl <br />effect a waiver or a change in any part of this MLC or <br />st~p the Pool from assert ing a ny right under th e terms of <br />thiS MLC; nor shall the t erlllS of this MLC be waived or <br />chan ~ed> except by endorsement issued to form a part <br />ofth ls M Le. <br />L. Assessability: The Pool, in accordance with RCW <br />48,62.141, is an assessable joint self-insurance pool. <br />The Pool may at any time, even after cancellation or <br />non-renewal by the member county or by the Pool, <br />further assess the member county for amounts needed <br />to fund MLC periods during which the Pool covered <br />the member county. Assessments shall be prorated in <br />accordance with procedures and methods determined <br />by the Pool's Board of Directors. <br />M. Inspection and Audit: The Pool shall be permitted <br />but not obligated to inspect the member county's <br />property and operations at any time. Neither the Pool's <br />right to make inspections nor the making thereof nor any <br />report thereon shall constitute and undertaking, on <br />behalf of or for the benefit of the member county or <br />others" to determine or warrant that such property or <br />operatIOns are safe or healthful, or are in compliance <br />with any law, rule or regulation. <br />The Pool may examine and audit the member county's <br />books and records at any time during the MLC period <br />and extensions thereof and within three (3) years after <br />the fina! termination ofthis MLC, as far as they relate to <br />the subject matter of this joint self-insurance liability <br />coverage. <br />N. Assessment: All assessments, reassessments or <br />other form of contribution for this MLC shall be <br />computed in accordance with the Pool's rules rates <br />rating plans, and assessment formulas applicabl~ to th~ <br />liability coverage afforded herein. <br />An assessment designated in this MLC as an "advance <br />assessment" is a deposit assessment only which shall be <br />MEMORANDUM OF LIABILITY COVERAGE I % I /20 16-1 % 1/20 17 <br />For the WASHINGTON COUNTIES RISK POOL JOINT SELF-INSURANCE LIABILITY PROGRAM -10
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